VZCZCXRO9357
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHLG #0594 2801146
ZNR UUUUU ZZH
R 061146Z OCT 08
FM AMEMBASSY LILONGWE
TO RUEHC/SECSTATE WASHDC 0049
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHLO/AMEMBASSY LONDON 0272
RUEHLMC/MILLENNIUM CHALLENGE CORPORATION WASHINGTON DC
RHMFISS/HQ USAFRICOM STUTTGART GE

UNCLAS LILONGWE 000594 
 
SENSITIVE 
SIPDIS 
 
STATE FOR AF/S - E. PELLETREAU 
LONDON FOR AF WATCHER - PETER LORD 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM MI
SUBJECT: MALAWI: PARLIAMENT FAILS TO MEET ON SECTION 65, 
BUT ONLY MUTHARIKA MAKES NOISE 
 
REF: LILONGWE 517 
 
¶1. (SBU)  Summary: President Mutharika publicly confirmed 
September 29 that he would not recall the National Assembly 
as agreed in late August when Parliament passed the national 
budget (reftel).  The agreement, negotiated by opposition and 
government leaders in Parliament but never endoresed publicly 
by Mutharika, also included the reassignment of Matilda 
Katopola, the Clerk of Parliament.  However, Mutharika 
instead threatened to "smash the doors open" if the 
Parliamentary Service Commission (PSC) did not remove locks 
it placed on Katopola's office within seven days.  Opposition 
leaders had previously promised to hold the government to the 
compromise agreement, but party spokespersons have so far 
expressed only muted disappointment to the press.  Comment: 
Both opposition parties' public statements imply that neither 
truly expected the agreement to be honored.  Moreover, party 
spokesmen have admitted a court challenge would be difficult 
since the agreement is of a political, rather than legal 
nature.  With Mutharika unlikely to call for a new session of 
Parliament before the May 2009 elections, it appears the MCP 
and UDF will have to be content with criticizing the DPP's 
duplicity and authoritarian tendencies on the campaign trail. 
 End Comment and Summary. 
 
¶2. (U) In a Lilongwe airport press conference September 29 
following his return from UNGA meetings, President Bingu wa 
Mutharika wasted no time in confirming that he would not 
honor the late-August agreement that resulted in the passage 
of the national budget.  The agreement was negotiated by 
Democratic Progressive Party (DPP) and opposition leaders in 
the Parliament, but Mutharika never explicitly consented to 
it.  The agreement called for Parliament to meet by September 
29 so the Speaker could implement Section 65 of the 
Constitution.  Section 65 would force the majority of the 
DPP's members to vacate their seats for changing parties 
after they were elected.  Mutharika reiterated he would only 
recall Parliament if the opposition promised to "behave 
responsibly" -- as opposed to bringing up Section 65 -- and 
pass key development bills such as authorization for the 
Malawi-Mozambique electricity interconnection project. 
 
¶3. (U) Mutharika also voided the second part of the August 
agreement by refusing to reassign Matilda Katopola from her 
position as the Clerk of Parliament.  He threatened to "smash 
the doors open" to Katopola's office if the PSC did not 
remove locks it had placed on the doors within seven days. 
The PSC found Katopola guilty of awarding her own company a 
printing service contract without going through proper 
procurement procedures.  Mutharika pardoned Katopola for the 
offense and claimed opposition MPs were simply out to get her 
because she had restored financial discipline to the 
Parliament.  Mutharika credited Katopola with ending the 
practice of MPs taking loans from Parliament and never 
repaying them. 
 
¶4. (SBU) Opposition leaders from both the Malawi Congress 
Party (MCP) and United Democratic Front (UDF) previously 
promised to force the government to honor the agreement. 
However, in the week following the deadline, party 
spokespersons expressed only muted disappointment, calling 
Mutharika a dictator and bemoaning the lack of effective 
checks and balances on the executive.  Neither John Tembo or 
Bakili Muluzi, the respective leaders of the MCP and UDF, 
have made any public comments on the missed deadline.  The 
PSC has been slightly bolder, so far refusing the President's 
directive to unseal Katopola's office, claiming they needed 
official notification. 
 
¶5. (SBU) Comment: Opposition leaders continue to tell emboffs 
privately that they will not let the broken agreement go 
unpunished, yet neither UDF or MCP has tipped their hands on 
how they will fight back.  Both parties' public statements 
imply that neither truly expected the agreement to be 
honored.  Moreover, the parties have admitted a court 
challenge would be difficult since the agreement is of a 
political nature.  With Mutharika unlikely to call for a new 
session of Parliament before the May 2009 elections, it 
appears the MCP and UDF will have to be content with 
criticizing the DPP's duplicity and authoritarian tendencies 
on the campaign trail. 
SULLIVAN